What is the legal provision in Kentucky regarding maintenance?

Full question:

I live in Kentucky and my marriage had been dissolved. I enjoyed a rather high standard of living during the marriage. My husband owned a large home located on 15 acres of property. My current income is not sufficient to maintain myself and is certainly not sufficient to maintain the style to which I became accustomed during the marriage. I had a temporary part-time job and that has ended now. I would like to have a good sum as maintenance for a decent living. What is the legal provision in Kentucky regarding maintenance?

• Category: Marriage
• Date: 04/07/2025
• State: Kentucky

Answer:

In Kentucky, maintenance is allowed to the claiming spouse if s/he lacks sufficient property to meet his/her reasonable needs and if s/he is unable to support herself/himself through appropriate employment or is the custodian of the children. Once the right to maintenance is established, the amount will be determined taking into consideration several factors including financial resources of the party seeking maintenance, standard of living established during the marriage, the duration of the marriage, the ability of the spouse from whom maintenance is sought to meet both his and the other spouse’s needs. This provision has been enumerated in KRS § 403.200, which is provided below:  

 “(1) In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of a marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance:
     (a) Lacks sufficient property, including marital property apportioned to him, to provide for his reasonable needs; and
     (b) Is unable to support himself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
(2) The maintenance order shall be in such amounts and for such periods of time as the court deems just, and after considering all relevant factors including:

     (a) The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;
     (b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;
     (c) The standard of living established during the marriage;
     (d) The duration of the marriage;
     (e) The age, and the physical and emotional condition of the spouse seeking maintenance; and
     (f) The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance.”